SB 2 — AN ACT relating to COVID-19 emergency actions and declaring an emergency.

UNOFFICIALCHAPTER COPY5 211 SSCHAPTER 5 ( SB 2/VO2 ) AN ACT relating to COVID-19 emergency actions and declaring an emergency.

(a) Set forth procedures for the designation of a family member, legal guardian, outside caregiver, friend, or volunteer as an essentialessentialcompassionate compassionate care visitor;

(b) Require all essential compassionate care visitors to follow safety protocols required for staff, including testing for communicable disease, checking body temperature, health screenings, the use of appropriate personal protective equipment, social distancing, and any other requirement the facility deems appropriate in accordance with guidance from the Centers for Disease ControlControland and Prevention.

If testing of communicable disease is not provided by the facility, the essential compassionate care visitor shall be responsible for Page 1 of 9 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 SS SB 2/VO obtaining testing per protocolprotocolmandated mandated by the facility;

(d) Provide that essential compassionate care visitors shallshallbe be exempt fromfromany any prohibitions on visitation at a facility subject to the provisions of this subsection;

(e) Provide that the facility may require a written agreement with the essentialessentialcompassionate compassionate care visitor;

(f) Require that essential compassionate care visitors assume the risk for exposure to COVID-19COVID-19and and other viruses, provided the facility is compliant with the Kentucky Department for Public Health guidelines;

(1) No later than October 1, 2021, the Cabinet for Health and Family Services shallshallassist assist and support established and additional COVID-19 antibody administration centers (CAACs) throughout the Commonwealth and develop protocols for appropriate patient eligibility criteria for receiving treatments and proper protocolprotocolfor for the administration of treatments.

PageLegislative 2Research ofCommission 9PDF XXXXVersion VetoedACTS andOF OverridenTHE UNOFFICIALGENERAL COPYASSEMBLY 21 SS SB 2/VO (c) Allow volunteer health practitioners providing health services under KRS 39A.350 to 39A.366 to administer the therapeutic drugs;

(3) CAACs shallshalloperate operateuntilJanuary until January 31, 2022, unless otherwise reauthorized by the General Assembly.

No later than October 1, 2021, the Cabinet for Health and Family Services shall assist and support hospitals, licensed health care providers, jails, prisons, homeless shelters, locallocalhealth health departments, and other entities in:

and (3) Distributing for use allallCOVID-19 COVID-19 tests.

(b) A paramedic is permitted to render services only under the supervision of a medicalmedicaldirector; director;

and (d) The paramedic does not violate KRS 311A.175 or any other statute or Page 3 of 9 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 SS SB 2/VO administrative regulation relating to paramedics.

(a) Develop and implement a plan to significantly increase the distribution of COVID-19 vaccines to providers of primary care as defined in KRS 164.925 and to provide technicaltechnicalassistance assistance and support to primary care providers regarding the completion of necessary forms, vaccine administration, confidence, and access;

(b) Create a singular form in accordance with federal law, to be used by providers of primary care who wish to be authorized, approved, or otherwise permitted Page 4 of 9 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 SS SB 2/VO to offer and administer COVID-19 vaccines to patients;

and (d) Promulgate administrative regulations in accordance with KRS Chapter 13A for the storagestorageof of vaccines.

CHAPTER 5 3 (2) In developing and implementing a plan to significantly increase the distribution of COVID-19 vaccines to providers of primary care, the Cabinet for Health and Family Services may incorporate the federal Centers for Disease Control and Prevention’s guidance on expanding COVID-19 vaccine distribution to primary care providers to address disparities in immunization published on April 14, 2021, and may seek technical assistance fromfromthe the federal Centers for Disease Control and Prevention.

and (b) "Temporary COVID-19 personal care attendant" or "PCA" means a person who is employed and received training in a skilled nursing facility under a temporary accommodation made to address work load increases and staffing shortages caused by the COVID-19COVID-19pandemic pandemic by the [Cabinet for Health and Family Services as authorized by KRS 214.020, Executive Order 2020-215, and the ]suspension of federal regulatory and statutory provisions by the Centers for Medicare and Medicaid Services.

(2) The Department for Medicaid Services shall accept the training requirements as included in the "Temporary COVID-19 Personal Care Attendant memorandum" Page 5 of 9 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 SS SB 2/VO issued April 14, 2020, by the Cabinet for Health and Family Services that are completed by a PCA who is in good standing with his or her employer[ after the COVID-19 state of emergency is rescinded by the Governor].

The PCA shall be deemed a state registered nurse aide and shallshallbe be placed on the Kentucky Nurse Aide Registry if:

SuccessfulSuccessfulcompletion completion of the nurse aide examination.

Page 6 of 9 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 SS SB 2/VO (b) The immunization of any child whose parents or guardian are opposed to medicalmedicalimmunization immunization against disease, and who object by a written sworn statement to the immunization of such child based on religious grounds;

(2) In the event of an epidemic in a given area, the Cabinet for Health and Family Services may require the immunization of all persons within the area of epidemic, against the disease responsible for such epidemic, Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY except that any administrative regulation promulgated pursuant to KRS Chapter 13A, administrative order issued by the cabinet or a local public health department, or executive order issued pursuant to KRS Chapter 39A requiring such immunization shallshallnot not include:

Page 7 of 9 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 SS SB 2/VO SECTION 10.

(3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative bodybodyshall shall be prohibitedprohibitedfrom frompromulgatingan promulgatingadministrativeregulationthat an administrative regulation that is identicalidenticalto, to, or substantially the same as, the administrative regulation referenced in subsection (1) of this section for a period beginning on the effective date of this Act and concluding on June 1, 2023.

(2) Contrary provisions of any section of the Kentucky Revised Statutes Page 8 of 9 XXXX Vetoed and Overriden UNOFFICIAL COPY 21 SS SB 2/VO notwithstanding, the administrative regulation referenced in subsection (1) of this section shall be null, void, and unenforceable as of the effective date of this Act.

(3) Contrary provisions of any section of the Kentucky Revised Statutes notwithstanding, the administrative bodybodyshall shall be prohibitedprohibitedfrom frompromulgatingan promulgatingadministrativeregulationthat an administrative regulation that is identicalidenticalto, to, or substantially the same as, the administrative regulation referenced in subsection (1) of this section for a period beginning on the effective date of this Act and concluding on June 1, 2023.

Whereas, the General Assembly desires to ensure that the citizens of the Commonwealth are protected for a specific period of time and that allallpossible possible prevention, treatment, and health care provider options are available, an emergency is declared to exist, and this Act takes effect upon its passage and approvalapprovalby by the Governor or upon its otherwise becoming law.

PageVeto 9overidden ofSeptember 99, XXXX2021. Vetoed and Overriden